Fair Board Will Appeal Injunction
May 19, 2018 at 3:48 a.m.
By David [email protected]
The Fair Board voted to authorize its attorney to file an immediate appeal in response to the preliminary injunction issued by Reed in the case of motorized racing on the fairgrounds, according to the release.
Reed ordered his injunction Wednesday after a hearing May 10 on four homeowners’ complaint to enforce 1990 restrictive covenants that prohibited motorized racing at the fairgrounds. As part of Reed’s injunction, the plaintiffs – four homeowners who sought an injunction against motorized racing – are required to post a $50,000 bond to cover costs in the event the defendants win the lawsuit.
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The news release states the Fair Board is “committed to providing good family friendly community events that are both respectful of the environment and to our neighbors.”
It says the board has struggled financially for years since the original closure of Warsaw Speedway. “Our financial problems cost us the Merchants Building back in the late ’90s when it reached a state where it was no longer safe to be used and was subsequently torn down.”
The Fair Board has investigated moving to a new location, but the funds from the sale of the current property are not enough to be able to acquire land and rebuild all the structures, roads, utilities and grandstand, the release states. “Nor can we just simply take out a loan to do that, as the payments would far exceed what the fairgrounds has traditionally generated in the past. We are also under the constrains of having to bring the fairgrounds into ADA compliance which will cost approximately $3 million due to a federal lawsuit a few years back.”
The Fair Board has tried several types of events through out the years including concerts, rodeos, paint ball, RV rallies, motorized events and more.
“The one thing we have learned from our years of experience is that this community prefers for us to host the motorized events as they are the only events that consistently produce a positive revenue stream for the fairgrounds,” according to the release.
The injunction also will have a negative impact on fair week this year, the release states. “We will not be allowed to hold the Roy Bradbury Memorial Race on Wednesday night nor will we be allowed to hold KOI Drag Racing on Thursday night as we have done for the past seven years,” it says.
In the release, the Fair Board asks for financial support to continue the fight. Donations may be made to either its GoFundMe account or by sending a donation directly.
The Kosciusko County Community Fair Inc. is a 501(c)3 not-for-profit organization and charitable donations are tax deductible.
The Fair Board of Directors members (alphabetically), according to kcfair.com, are Sarah Baier, Michael Bower, Jacoba Burbank, Shane Checketts, Kevin Harris, Anthony Himes, Matt Nabiur, Kristen Messmore, Ken Parcels, Nathan Rhoades, Randy Shepherd, Brian Snyder and Ann Wiesehan.
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The Fair Board voted to authorize its attorney to file an immediate appeal in response to the preliminary injunction issued by Reed in the case of motorized racing on the fairgrounds, according to the release.
Reed ordered his injunction Wednesday after a hearing May 10 on four homeowners’ complaint to enforce 1990 restrictive covenants that prohibited motorized racing at the fairgrounds. As part of Reed’s injunction, the plaintiffs – four homeowners who sought an injunction against motorized racing – are required to post a $50,000 bond to cover costs in the event the defendants win the lawsuit.
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The news release states the Fair Board is “committed to providing good family friendly community events that are both respectful of the environment and to our neighbors.”
It says the board has struggled financially for years since the original closure of Warsaw Speedway. “Our financial problems cost us the Merchants Building back in the late ’90s when it reached a state where it was no longer safe to be used and was subsequently torn down.”
The Fair Board has investigated moving to a new location, but the funds from the sale of the current property are not enough to be able to acquire land and rebuild all the structures, roads, utilities and grandstand, the release states. “Nor can we just simply take out a loan to do that, as the payments would far exceed what the fairgrounds has traditionally generated in the past. We are also under the constrains of having to bring the fairgrounds into ADA compliance which will cost approximately $3 million due to a federal lawsuit a few years back.”
The Fair Board has tried several types of events through out the years including concerts, rodeos, paint ball, RV rallies, motorized events and more.
“The one thing we have learned from our years of experience is that this community prefers for us to host the motorized events as they are the only events that consistently produce a positive revenue stream for the fairgrounds,” according to the release.
The injunction also will have a negative impact on fair week this year, the release states. “We will not be allowed to hold the Roy Bradbury Memorial Race on Wednesday night nor will we be allowed to hold KOI Drag Racing on Thursday night as we have done for the past seven years,” it says.
In the release, the Fair Board asks for financial support to continue the fight. Donations may be made to either its GoFundMe account or by sending a donation directly.
The Kosciusko County Community Fair Inc. is a 501(c)3 not-for-profit organization and charitable donations are tax deductible.
The Fair Board of Directors members (alphabetically), according to kcfair.com, are Sarah Baier, Michael Bower, Jacoba Burbank, Shane Checketts, Kevin Harris, Anthony Himes, Matt Nabiur, Kristen Messmore, Ken Parcels, Nathan Rhoades, Randy Shepherd, Brian Snyder and Ann Wiesehan.
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